Request for police reports into a criminal investigation and complaints against Grampian Police – Ms B asked the Chief Constable of Grampian Police (Grampian Police) to provide her with a range of information concerning a criminal investigation conducted by Grampian Police and related complaints against Grampian Police. Grampian Police refused to disclose the information to Ms B on the basis that it was exempt from disclosure in terms of Part 2 of the Freedom of Information (Scotland) Act 2002 (FOISA).
Following an investigation, the Commissioner found that Grampian Police had been entitled to refuse to disclose the information to Ms B on the basis that the information was either her own personal data or was the personal data of one or more third parties and disclosure of the third party data would breach the first data protection principle. He also found some of the information to be exempt under section 34(1) of FOISA (which deals with criminal investigations) and that, when considering whether the exemption should be maintained, that the public interest in an effective criminal justice system outweighed any public interest in disclosure of the information.
 ScotIC 089 – 2008
Updated: 29 September 2021; Ref: scu.434188